This Court dismissed a writ petition challenging the rejection of the petitioner's candidature as a Lecturer in Odia due to her securing marks below the declared cut-off of 83.98%.
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W.P.(C) NO.18727 OF 2016
06.12.20161. Heard learned counsel for the petitioner and learned Addl. Government Advocate for the Stat
e.
2. The petitioner has appeared in the examination conducted by the Service Selection Board for
appointment of Lecturer in Odia in Non-Government Aided Colleges. It is borne out from the re
cord that the cut-off mark for appointment of the Lecturer in Odia is determined as 83.98%. Th
e petitioner has secured only 71.39%.
3. Learned counsel for the petitioner submits that posts are lying vacant for appointment of
Lecturer in Odia and, therefore, the petitioner can be accommodated. However, the authorities
have right to consider the case of the candidates, who have secured 83.98% of marks, i.e. the
cut-off mark before considering the case of the candidates, who have secured less than the cu
t-off marks. However, the petitioner has secured only 71.39%, i.e. less than the cut-off mark
. So her candidature has been rightly rejected.
4. Learned counsel for the petitioner further submits that the petitioner belongs to the categ
ory of S.T.(Ladies), so her case may be considered. However, it is apparent from the name of t
he petitioner that she belongs to Tanti caste. Moreover, no document has been filed to show th
at she belongs to S.T. category. Moreover, learned counsel for the petitioner does not point o
ut what are the cut-off mark for the S.T. category for appointment of Lecturer in Odia.
5. In that view of the matter, this Court is of the opinion that the writ petition deserves n
o merit. Hence this Court is not inclined to entertain the writ petition. Accordingly, the s
ame is dismissed.
6. Urgent certified copy of this order be granted on proper application.
2 issues framed by the court
Whether the petitioner's candidature for the post of Lecturer in Odia was correctly rejected as her cut-off mark was below the prescribed limit.
Whether the petitioner, belonging to the Tanti caste without proving ST category, was entitled to preferential treatment.
The Petitioner
The Stat
As recorded by the court registry
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